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UNITED STATES v. DORNAU

No. 350, Docket 73-2204.

491 F.2d 473 (1974)

UNITED STATES of America, Appellant, v. Peter DORNAU, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 24, 1974.

Attorney(s) appearing for the Case

John J. Kenney, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., S. D. N. Y., John W. Nields, Jr., Asst. U. S. Atty., on the brief), for appellant.

Franklin S. Bonem, New York City (London, Buttenwieser & Chalif, Bonnie P. Winawer, New York City, on the brief), for defendant-appellee.

Before WATERMAN and FEINBERG, Circuit Judges, and GURFEIN, District Judge.

FEINBERG, Circuit Judge:

The United States appeals from the dismissal in the United States District Court for the Southern District of New York, by Charles M. Metzner, J., of an indictment that charged appellee Peter Dornau with use of the mails and wire communications in interstate commerce in furtherance of a scheme to defraud investors in violation of 18 U.S.C. §§ 1341, 1343.1 The...

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